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S07453 Summary:

BILL NOS07453
 
SAME ASNo Same As
 
SPONSORHOYLMAN-SIGAL
 
COSPNSRGOUNARDES, KRUEGER, MAYER, SALAZAR
 
MLTSPNSR
 
Amd §740, Lab L; amd §75-b, Civ Serv L
 
Provides protection to employees and former employees from retaliatory actions by employers for the reporting of illegal or dangerous business activities.
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S07453 Actions:

BILL NOS07453
 
04/16/2025REFERRED TO LABOR
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S07453 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7453
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     April 16, 2025
                                       ___________
 
        Introduced by Sens. HOYLMAN-SIGAL, GOUNARDES, KRUEGER, MAYER, SALAZAR --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Labor
 
        AN ACT to amend the labor law and the civil service law, in relation  to
          protection  of  employees  and  former  employees  against retaliatory
          action by employers

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 740 of the labor law, as amended by chapter 522 of
     2  the laws of 2021, is amended to read as follows:
     3    § 740. Retaliatory action by employers; prohibition.  1.  Definitions.
     4  For  purposes of this section, unless the context specifically indicates
     5  otherwise:
     6    (a) "Employee" means an individual who performs services for and under
     7  the control and direction of an employer for wages  or  other  remunera-
     8  tion,  including  former employees, or natural persons employed as inde-
     9  pendent contractors to carry out work in furtherance  of  an  employer's
    10  business enterprise who are not themselves employers.
    11    (b)  "Employer"  means  any  person,  firm,  partnership, institution,
    12  corporation, or association that employs one or more employees.
    13    (c) "Law, rule or regulation" includes: (i) any duly enacted  federal,
    14  state or local statute or ordinance or executive order; (ii) any rule or
    15  regulation  promulgated  pursuant to such statute or ordinance or execu-
    16  tive order; or (iii) any judicial or administrative decision, ruling  or
    17  order.
    18    (d) "Public body" includes the following:
    19    (i)  the United States Congress, any state legislature, or any elected
    20  local governmental body, or any member or employee thereof;
    21    (ii) any federal, state, or local court, or  any  member  or  employee
    22  thereof, or any grand or petit jury;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08043-01-5

        S. 7453                             2
 
     1    (iii)  any  federal,  state,  or  local regulatory, administrative, or
     2  public agency or authority, or instrumentality thereof;
     3    (iv) any federal, state, or local law enforcement agency, prosecutori-
     4  al office, or police or peace officer;
     5    (v)  any  federal, state or local department of an executive branch of
     6  government; or
     7    (vi) any division, board, bureau, office, committee, or commission  of
     8  any  of  the public bodies described in subparagraphs (i) through (v) of
     9  this paragraph.
    10    (e) "Retaliatory action" means an adverse action taken by an  employer
    11  or  [his  or her] the employer's agent to discharge, threaten, penalize,
    12  or in any other manner  discriminate  against  any  employee  or  former
    13  employee  exercising  [his  or  her] the employee's or former employee's
    14  rights under this section, including (i) adverse employment  actions  or
    15  threats  to  take such adverse employment actions against an employee in
    16  the terms of conditions of  employment  including  but  not  limited  to
    17  discharge, suspension, or demotion; (ii) actions or threats to take such
    18  actions  that  would  adversely  impact  a  former employee's current or
    19  future employment; or (iii) threatening to contact or contacting  United
    20  States  immigration authorities or otherwise reporting or threatening to
    21  report an employee's suspected citizenship or immigration status or  the
    22  suspected  citizenship  or immigration status of an employee's family or
    23  household member, as defined in subdivision two of section four  hundred
    24  fifty-nine-a  of  the social services law, to a federal, state, or local
    25  agency.
    26    (f) "Supervisor" means any individual within an  employer's  organiza-
    27  tion who has the authority to direct and control the work performance of
    28  [the  affected]  an  employee; or who has [managerial] authority to take
    29  corrective action regarding the [violation of the  law,  rule  or  regu-
    30  lation]  illegal  or  dangerous  business activity of which the employee
    31  complains.
    32    (g) "Agent" means any  individual,  partnership,  association,  corpo-
    33  ration or group of persons acting on behalf of an employer.
    34    (h) "Illegal or dangerous business activity" means any practice, agent
    35  of such employer, taken in the course of the employer's business, wheth-
    36  er  or  not  within  the  scope of employment or agency, that: (i) is in
    37  violation of any law, rule or regulation; or (ii) creates and presents a
    38  substantial and specific danger to the public health or safety.
    39    2. Prohibitions. An employer shall not  take  any  retaliatory  action
    40  against  an employee or former employee, whether or not within the scope
    41  of the employee's or former employee's job duties, because such employee
    42  or former employee does any of the following:
    43    (a) discloses to a supervisor  or  a  public  body,  or  threatens  to
    44  [disclose]  make  a  disclosure  to  [a  supervisor or to] a public body
    45  unless the employer remedies the illegal or dangerous business activity,
    46  information about an illegal or dangerous business activity[, policy  or
    47  practice  of  the  employer  that the employee reasonably believes is in
    48  violation of law, rule or regulation or  that  the  employee  reasonably
    49  believes poses a substantial and specific danger to the public health or
    50  safety];
    51    (b)  provides  information  to,  or  testifies before, any public body
    52  conducting an investigation, hearing or inquiry into any such illegal or
    53  dangerous business activity[, policy or practice by such employer]; or
    54    (c) objects to, or refuses to participate in  any  [such]  illegal  or
    55  dangerous activity[, policy or practice].

        S. 7453                             3
 
     1    3.  Application. The protection against retaliatory action provided by
     2  paragraphs (a), (b) and (c) of subdivision two  of  this  section  shall
     3  apply  to  any  employee  who  in good faith reasonably believes that an
     4  illegal or dangerous business activity has occurred or will occur, based
     5  on information that the employee in good faith reasonably believes to be
     6  true;  provided  however  that the protection against retaliatory action
     7  provided by paragraph (a) of subdivision two of this section  pertaining
     8  to  disclosure to a public body shall not apply to an employee who makes
     9  such disclosure to a public body unless the employee  has  made  a  good
    10  faith effort to notify [his or her] the employer by bringing the illegal
    11  or dangerous business activity[, policy or practice] to the attention of
    12  a  supervisor [of the employer] and has afforded such employer a reason-
    13  able opportunity to correct such activity[, policy  or  practice].  Such
    14  employer  notification  shall  not  be  required  where:  (a) illegal or
    15  dangerous business; (b) there is an imminent and serious danger  to  the
    16  public health or safety; [(b)] (c) the employee reasonably believes that
    17  reporting to the supervisor would result in a destruction of evidence or
    18  other concealment of the illegal or dangerous activity[, policy or prac-
    19  tice];  [(c)]  (d) such activity, policy or practice could reasonably be
    20  expected to lead to endangering the welfare of a minor;  [(d)]  (e)  the
    21  employee  reasonably  believes  that  reporting  to the supervisor would
    22  result in physical harm to the employee or any other  person;  or  [(e)]
    23  (f)  the  employee  reasonably  believes  that the supervisor is already
    24  aware of the activity, policy or practice and will  not  correct  [such]
    25  the  illegal  or  dangerous  activity[, policy or practice] and will not
    26  correct such activity.
    27    4. Violation; remedy. (a) An employee who has been the  subject  of  a
    28  retaliatory  action  in  violation of this section may institute a civil
    29  action in a court of competent jurisdiction for relief as set  forth  in
    30  subdivision  five  of  this  section  within two years after the alleged
    31  retaliatory action was taken.
    32    (b) Any action authorized by this section may be brought in the county
    33  in which the alleged retaliatory action occurred, in the county in which
    34  the complainant resides, or in the county in which the employer has  its
    35  principal  place  of  business. In any such action, the parties shall be
    36  entitled to a jury trial.
    37    (c) [It shall be a defense to any  action  brought  pursuant  to  this
    38  section  that  the  retaliatory action was predicated upon grounds other
    39  than the employee's exercise of any rights protected by  this  section.]
    40  Except  as  otherwise  provided  in  this  section,  a violation of this
    41  section is established when the complainant demonstrates that a motivat-
    42  ing factor for the retaliatory action violates subdivision two  of  this
    43  section. Remedies for violation of subdivision two of this section shall
    44  be  limited  solely  to those provided in paragraphs (e), (f) and (g) of
    45  subdivision five of this section if the employer  demonstrates  that  it
    46  would  have  taken  the  same action in the absence of the impermissible
    47  motivating factor.
    48    5. Relief. In any action brought pursuant to subdivision four of  this
    49  section, the court may order relief as follows, with monetary amounts as
    50  determined  by  the jury other than under paragraph (e) and/or paragraph
    51  (g) of this subdivision:
    52    (a) [an injunction to restrain continued violation of this section;
    53    (b)] the reinstatement of the  employee  to  the  same  position  held
    54  before  the  retaliatory  action, or to an equivalent position, or front
    55  pay in lieu thereof;

        S. 7453                             4

     1    [(c)] (b) the reinstatement of  full  fringe  benefits  and  seniority
     2  rights;
     3    [(d)] (c) the compensation for lost wages, benefits and other remuner-
     4  ation;
     5    (d) compensatory damages for economic loss and for emotional distress;
     6    (e)  the  payment  by the employer of reasonable costs, disbursements,
     7  and attorney's fees;
     8    (f) a civil penalty of an amount not to exceed  ten  thousand  dollars
     9  and/or  a  liquidated damages award equal to amounts of damages pursuant
    10  to paragraphs (c) and (d) of this subdivision, unless  the  court  finds
    11  that  the  employer  acted  in  good  faith  in  the retaliatory action;
    12  [and/or]
    13    (g) the payment by the employer of punitive damages, if the  violation
    14  was willful, malicious or wanton[.]; and/or
    15    (h)  an  injunction  to restrain the employer's continued violation of
    16  this section.
    17    6.  Employer  relief.  A court, in its discretion, may also order that
    18  reasonable attorneys' fees and court costs and disbursements be  awarded
    19  to  an  employer  if  the  court determines that an action brought by an
    20  employee under this section was without basis in law or in fact.
    21    7. Existing rights. Nothing in this section shall be deemed to  dimin-
    22  ish  the rights, privileges, or remedies of any employee under any other
    23  law or regulation  or  under  any  collective  bargaining  agreement  or
    24  employment contract.
    25    8.  Publication.  Every  employer  shall  inform  employees  of  their
    26  protections, rights and obligations under this  section,  by  posting  a
    27  notice  thereof.  Such  notices  shall be posted conspicuously in easily
    28  accessible and well-lighted places customarily frequented  by  employees
    29  and applicants for employment.
    30    § 2. Subdivisions 2 and 3 of section 75-b of the civil service law, as
    31  added by chapter 660 of the laws of 1984, paragraph (a) of subdivision 2
    32  as  amended  by  chapter  899 of the laws of 1986, are amended and a new
    33  subdivision 5 is added to read as follows:
    34    2. (a) A public employer shall not dismiss, suspend, demote, penalize,
    35  threaten or discriminate against, or take other  disciplinary  or  other
    36  [adverse  personnel  action]  act  of reprisal against a public employee
    37  regarding the employee's employment because the employee: (i)  discloses
    38  to  a  public body or threatens to make a disclosure to a public body or
    39  supervisor if the employer does not remedy the improper  conduct,  to  a
    40  governmental  body  information[:  (i)]  regarding a violation of a law,
    41  rule or regulation which violation creates [and] or presents a  substan-
    42  tial  and specific danger to the public health or safety[; or (ii) which
    43  the employee reasonably believes to be true and reasonably believes], or
    44  which constitutes an improper governmental  action[.  "Improper  govern-
    45  mental  action"  shall mean any action by a public employer or employee,
    46  or an agent of such employer or employee, which  is  undertaken  in  the
    47  performance  of such agent's official duties, whether or not such action
    48  is within the scope of his employment, and which is in violation of  any
    49  federal, state or local law, rule or regulation], or which could reason-
    50  ably  be  expected  to  lead to endangering the welfare of a minor; (ii)
    51  provides information to, or testifies before, any public body conducting
    52  an investigation, hearing or inquiry  into  any  violation  or  improper
    53  governmental  action; or (iii) objects to, or refuses to participate in,
    54  any such violation or improper governmental action.
    55    (b) The protection against retaliatory  action  provided  in  subpara-
    56  graphs  (i) and (ii) of paragraph (a) of this subdivision shall apply to

        S. 7453                             5
 
     1  any employee who in good faith reasonably believes that a  violation  or
     2  improper governmental action has occurred or will occur, based on infor-
     3  mation that the employee in good faith reasonably believes to be true.
     4    (c) Prior to disclosing information pursuant to  subparagraph  (i)  of
     5  paragraph  (a)  of  this subdivision, an employee shall have made a good
     6  faith  effort  to  provide  the  appointing authority or the authority's
     7  designee the information to be disclosed and shall provide the  appoint-
     8  ing  authority   or   designee   a  reasonable  time to take appropriate
     9  action unless there is imminent and serious danger to public  health  or
    10  safety.    For  the purposes of this subdivision, an employee  who  acts
    11  pursuant to  this paragraph  shall  be  deemed  to have disclosed infor-
    12  mation to a governmental body under paragraph (a) of  this  subdivision.
    13  Notification  to the   appointing   authority   or designee shall not be
    14  required where:  (i) the employer has not posted any notice required  by
    15  subdivision  five of this section; (ii) there is an imminent and serious
    16  danger  to  the public health   or safety; (iii) the employee reasonably
    17  believes that reporting to the appointing authority  or  designee  would
    18  result in a destruction of evidence or other concealment of the improper
    19  governmental    action;    or (iv)   such   activity could reasonably be
    20  expected to lead to endangering the welfare of a minor.
    21    (d) "Improper governmental action" shall mean any practice, procedure,
    22  action or failure to act by a public employer or employee, or  an  agent
    23  of  such employer or employee, which is undertaken in the performance of
    24  such agent's official duties, whether or not such action is  within  the
    25  scope of such person's employment, and which is: (i) in violation of any
    26  law,  rule  or regulation regarding governmental action; or (ii) creates
    27  and presents a substantial and specific danger to the public  health  or
    28  safety.  "Law, rule or regulation" includes: (i) any duly enacted feder-
    29  al, state or local statute or ordinance; (ii)  any  rule  or  regulation
    30  promulgated  pursuant  to  any  such  statute or ordinance; or (iii) any
    31  judicial or administrative decision, ruling or order.
    32    3. (a) Where an employee is subject to dismissal or other disciplinary
    33  action under a final and binding arbitration provision, or other  disci-
    34  plinary  procedure  contained in a collectively negotiated agreement, or
    35  under section seventy-five of this title or any other provision of state
    36  or local law, or to the elimination of job title or classification  that
    37  uniquely  fits and singles out such employee and the employee reasonably
    38  believes that such dismissal [or], other disciplinary  action  or  other
    39  adverse  action  would not have been taken but for the conduct protected
    40  under subdivision two of this section, [he  or  she]  the  employee  may
    41  assert  such  as  a  defense before the designated arbitrator or hearing
    42  officer. The merits of such defense shall be considered  and  determined
    43  as  part  of  the  arbitration  award or hearing officer decision of the
    44  matter. If there is a finding that the dismissal or  other  disciplinary
    45  action  is  based solely on a violation by the employer of such subdivi-
    46  sion, the arbitrator or  hearing  officer  shall  dismiss  or  recommend
    47  dismissal of the disciplinary proceeding, as appropriate, and, if appro-
    48  priate,  reinstate  the  employee  with back pay, and, in the case of an
    49  arbitration procedure, may take other appropriate action as is permitted
    50  in the collectively negotiated agreement.
    51    (b) Where an employee is subject to a collectively  negotiated  agree-
    52  ment  which  contains  provisions  preventing  an  employer  from taking
    53  adverse [personnel] actions and which contains a final and binding arbi-
    54  tration provision to resolve alleged violations of  such  provisions  of
    55  the agreement and the employee reasonably believes that such [personnel]
    56  action  would  not  have  been taken but for the conduct protected under

        S. 7453                             6
 
     1  subdivision two of this section, [he or she]  the  employee  may  assert
     2  such  as  a  claim  before the arbitrator. The arbitrator shall consider
     3  such claim and determine its merits and shall,  if  a  determination  is
     4  made that such adverse [personnel] action is based on a violation by the
     5  employer  of  such subdivision, take such action to remedy the violation
     6  as is permitted by the collectively negotiated agreement.
     7    (c) [Where] In addition to or in lieu of the procedures set  forth  in
     8  paragraphs  (a) and (b) of this subdivision, or where an employee is not
     9  subject to any of the provisions of [paragraph (a) or (b) of this subdi-
    10  vision] such paragraphs, the employee may commence an action in a  court
    11  of  competent  jurisdiction  under the same terms and conditions and for
    12  the same relief as set forth in article twenty-C of the labor law.
    13    5. Every public employer shall inform employees of their  protections,
    14  rights  and obligations under this section, by posting a notice thereof.
    15  Such notices shall be posted  conspicuously  in  easily  accessible  and
    16  well-lighted  places  customarily frequented by employees and applicants
    17  for employment.
    18    § 3. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law.
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